Open Meetings Act: Videoconferencing Open Government Conference San Marcos, Texas

1. Open Meetings Act: Videoconferencing Open Government Conference San Marcos, Texas December 5, 2018 Presented by Christy Drake-Adams, TML Asst. General Counsel

2. What is a videoconference call? Texas Gov’t Code § 551.001(8): “a communication conducted between two or more persons in which one or more of the participants communicate with the other participants through duplex audio and video signals transmitted over a telephone network, a data network, or the Internet”

4. Agric. Code § 41.205 (grain producer bd) Gov’t Code § 551.126 (higher ed bd) Gov’t Code § 551.131 (water districts) Gov’t Code § 551.127

5. Procedures for an entity in one or two counties *These are in addition to requirements that otherwise apply to meetings under the Act. § 551.127(d). • A quorum of the governmental body must be present at one physical location. § 551.127(b). • The video and audio feed of the remote participant must be broadcast live at the meeting. § 551.127(a-1). • Each portion of the meeting held by videoconference call that is required to be open to the public must be visible and audible to the public at the location where the quorum is present. § 551.127(f).

6. The location where the quorum is present, and each remote location from which a member of the governmental body participates, must have two-way audio and video communication with each other location during the entire meeting. Each participant’s face in the videoconference call, while speaking, must be clearly visible and audible to each other participant and, during the open portion of the meeting, to the members of the public in attendance at the location where a quorum is present, and at any other location of the meeting that is open to the public. § 551.127(h).

8. The meeting notice must specify where the quorum of the governmental body will be physically present and the intent to have a quorum present. § 551.127(e).

9. The entity must make at least an audio recording of the meeting and the recording must be made available to the public. § 551.127(g).

10. The audio and video signals perceptible by members of the public at the location where the quorum is present and any remote location must be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. § 551.127(j). • The audio and video signals perceptible by members of the public at each location of the meeting must meet or exceed minimum standards established by Texas Department of Information Resources (DIR) rules. § 551.127(i); 1 TAC Chapter 209

11. Requirements • Additional Recommendations

12. Procedures for an entity in three+ counties *These are in addition to requirements that otherwise apply to meetings under the Act. § 551.127(d). • The presiding officer must be physically present at one location of the meeting that is open to the public during the open portions of the meeting. § 551.127(c), (e). • The meeting notice must specify the location and the intent to have the presiding officer physically present at the physical space described above. § 551.127(e).

13. FAQs

14. We have a problem What happens if you have a poor connection or lose the connection altogether?

15. Resources?

16. www.tml.org “Legal Research”

17. State Statutes and DIR Rules www.capitol.state.tx.us